An IT project rarely raises just one legal question. A contract that is poorly scoped at the outset becomes the problem at acceptance testing, ownership of the code is disputed when the team changes, and the data being processed brings its own obligations. Hashtag Avocats acts in Paris on these matters, from structuring the contract through to exiting the relationship. Where the project has already failed and a dispute is under way, the work falls under our IT litigation lawyer page.
Situations our clients bring to us
- You are outsourcing the development of an app or a website to a provider and you want to know who will own the code once the invoice is paid.
- You publish SaaS software and need to formalise the subscription, the service levels, reversibility and what happens to the data when the contract ends.
- A software publisher presents you with an integration or maintenance contract and you want to understand what you would be committing to.
- You are taking over a project started by a third party and need to check the chain of title before you invest.
- You are setting up infrastructure that processes personal data and need to align the IT contract with your compliance obligations.
- You are wondering whether you can use an open source component in a product you sell.
What we actually do
Drafting and negotiating the project contracts
Development contract with its annexed specifications, integration contract, maintenance, hosting, SaaS subscription, licence: we draft these documents, or negotiate them for you when they come from the other side. The points we address every time are the exact scope of the deliverables, the acceptance testing procedure and its consequences, deadlines and what happens when they slip, service levels and the related penalties, reversibility, and the allocation of liability between the parties.
Securing ownership of the code and the data
Software is protected by copyright. Without a precise, written assignment clause, the provider keeps its economic rights in what it wrote, even if you paid for it. We draft assignment clauses, check the chain of title when several contributors have worked on the code in turn, and deal with third-party components and open source licences embedded in the product.
Aligning the contract with compliance
An IT contract under which a provider processes personal data requires a compliant data processing agreement. We check that alignment, together with the commitments on data location and security, in conjunction with our work on GDPR compliance and on data processing agreements.
Auditing a contract or a project in progress
When a project is going off track but no dispute has been opened, an audit tells you where you stand: what the contract actually provides, what can be proved, and which letters need to be sent and by when. This review shapes what comes next, whether a negotiated solution or court proceedings.
How an engagement works
A first discussion pins down the project, its timetable and any sticking point. We then ask for the relevant documents: the signed contract, the specifications, the acceptance testing reports, correspondence with the provider, tickets and steering committee minutes. We give you a written analysis of the strengths and weaknesses of your position, and then the drafting or negotiation begins. Fees are discussed before the engagement starts, on a fixed-fee or time-spent basis depending on the matter.
When should you consult an IT lawyer?
Before signing a development or integration contract. Before you start selling software that you publish. At acceptance testing, if the deliverables do not match what was agreed. Before changing provider, to check what you can recover. And as soon as the relationship becomes strained, because response times and the quality of written records carry a lot of weight later on.
FAQ
I paid for the development: do I own the code?
Not automatically. Paying for the service does not amount to an assignment of the copyright in the software. You need a written assignment clause that specifies the rights assigned, their scope, their purpose, their duration and the territory covered.
Do I need a written contract for a small project?
Writing is not required to form the contract, but it determines what you will be able to prove. On an IT project, most disputes concern the agreed scope and the deadlines: without a document, the discussion comes down to exchanges of messages that are difficult to rely on against the other party.
What is the difference between your advisory work and your litigation work?
This page covers structuring, drafting, negotiation and audits. When the project has failed and the question becomes one of liability and compensation, the work falls under IT litigation, with its own requirements as to evidence and quantification of loss.
Official sources
- Article L122-6 of the French Intellectual Property Code (Code de la propriété intellectuelle), exploitation rights of the author of software: Légifrance (in French)
- Article 1231-1 of the French Civil Code (Code civil), compensation for loss resulting from non-performance of the contract: Légifrance (in French)
References consulted on 7 September 2026. This page provides general information and does not constitute legal advice.
Every situation is different: the information on this page is general and does not replace legal advice tailored to your case. The firm makes no promise of outcome; it commits to the means it deploys.
Our related digital law practice areas
- IT acceptable use policy lawyer
- IT litigation lawyer in Paris
- Software development contract lawyer
- IT contracts lawyer: SaaS, licences
- IT contracts lawyer: SaaS, licences
Further reading
- IT delivery delays: how to apply late-delivery penalties (in French)
- Hosting, support, maintenance: how to secure a SaaS contract (in French)
- SaaS terms of use and terms of sale: differences and points to watch (in French)
- Intellectual property in a SaaS project: code, database, documentation, deliverables (in French)